Planning Report

5. State Planning Framework
5.1       Planning Act 2016
The Planning Act 2016 (Planning Act) and its subordinate legislation is the statutory framework for decision making in relation to
land use and development in Queensland.

The proposed development constitutes the following aspects of “development” as defined in Schedule 2 of the Planning Act:

▪     Reconfiguring a lot

5.1.1          Category of Assessment
In accordance with Section 43 of the Planning Act, the relevant categorising instrument for this Development Application is the
Noosa Plan 2020 (planning scheme). As identified in Section 7.2.1 of this report, the planning scheme categorises the proposed
development as code assessable.

Section 45(3) of the Planning Act states:

A code assessment is an assessment that must be carried out only—

(a) against the assessment benchmarks in a categorising instrument for the development; and

(b) having regard to any matters prescribed by regulation for this paragraph.

The matters outlined in section 45(3)(a) above are identified in Section 6.2 of this report and subsequently addressed.

With respect to section 45(3)(b), the matters Planning Regulation prescribes are:

▪     The matters stated in Schedules 9 and 10 of the Planning Regulation for the development.

▪     The planning scheme (see Section 6).

▪     The regional plan for the region, to the extent it is not identified in the planning scheme as being appropriately integrated.

▪     The State Planning Policy, to the extent it is not identified in the planning scheme as being appropriately integrated.

▪     Any designation applying to the premises.

▪     Any temporary State Planning Policy applying to the premises.

▪     Any development approval for, and any lawful use of, the premises or adjacent premises (see Section 3.4).

▪     The common material.

Unless otherwise stated, the following sections assess the development application against the above matters.


5.2       Planning Regulation 2017
The purpose of the Planning Regulation 2017 (Planning Regulation) is to prescribe instruments and address matters provided
for under the Planning Act and provide the mechanics for the operation and implementation of the Planning Act.


5.2.1          Schedules 9 and 10 (Assessable Development and Referrals)
Schedules 9 and 10 of the Planning Regulation outlines various types of development which are prohibited development,
assessable development or development requiring referral agency assessment. The Development Assessment Mapping System
(DAMS) assists to identify development assessment triggers and referrals under the Planning Regulation.

The mapping and the Planning Regulation has been reviewed in the context of this Development Application, the following is
confirmed (refer to attached Site Searches):

▪     The proposed development is not prohibited development.

▪     The proposed development is assessable development as follows:

         Development on premises in koala priority areas not interfering with koala habitat—assessment by assessment
          manager under Schedule 10, Part 10, Division 5, Table 1 of the Planning Regulation. Assessment is required against
          Schedule 11, Part 2 of the Planning Regulation.



www.thereforgroup.com.au                             Planning Report | 24-0565P                                            13 of 21